You can read part two here:
Part II and Final – For the Record: Forty Reasons to Prosecute Ashraf Ghani
Although the “stature of tragedy” in our country has always been young, this time, after twenty years, the people of Afghanistan witnessed yet another dramatic and tragic turn. On August 15, 2021, the day the republic fell, or more accurately, was surrendered, the fate of the nation was handed over to an extremist terrorist group. This group carried with it bitter memories: killings, public floggings, the abduction of Tajik girls, and the burning of northern vineyards that never bore fruit again. Now, four years into this calamity, 35 million people remain captive to a radical faction ruling with an iron fist, a regime that recognizes no right for its citizens beyond the mere act of breathing. And in these four years, the disaster has, without a doubt, knocked on the doors of every Afghan household, day after day.
The reasons for this surrender or fall are many, with both visible and hidden dimensions, each deserving separate discussion. Here, however, the focus is on the responsibility of Mohammad Ashraf Ghani as head of state, commander-in-chief of the armed forces, and guardian of the constitution, who was duty-bound to act accordingly. His inaction and lack of response, of course, do not absolve his deputies, Amrullah Saleh and Sarwar Danish, or other senior officials who, given the unfolding crisis, bore a share of the burden. But as the nation’s highest authority, Ghani bears the primary responsibility for this dark chapter in history.
The question is this: Was Ghani’s flight from the country and his surrender of power to the Taliban and the Haqqani Network not an act of national treason? Without question, it was. Can he and his associates, then, not be brought before a court as national traitors? With the constitution now annulled and no justice-based government in existence, on what legal foundation and before what institution could such a trial be held? Could it happen inside Afghanistan? Would international courts have jurisdiction to hear such a case based on a petition from the Afghan people? These are questions for legal and criminal experts to answer.
Pursuing the prosecution of Mohammad Ashraf Ghani is by no means an attempt to absolve or exonerate other central and provincial officials. Each of them should also be held accountable within the scope of their legal and constitutional duties.
While President Ghani did accomplish some positive initiatives during his tenure, his final act was like a flood that washed away the ink of his achievements from the page of history. Here, as a citizen, I outline, based on the provisions of the 2004 Constitution and the devastating consequences of this event, the points that, in my view, warrant Ghani’s trial in the court of history.
1) Article Five of the Constitution defines as fundamental duties of the state: implementing the provisions of the Constitution and other laws, defending independence, national sovereignty, and territorial integrity, ensuring security, and protecting the country. Under the first clause of Article Sixty, the president is at the head of the state. Mohammad Ashraf Ghani, through manipulated elections and tampering with the public vote in both his first and second terms, assumed the presidency of the Islamic Republic of Afghanistan and took the oath of office.
2) Clauses 1, 2, 3, 4, and 5 of Article Sixty-Four of the Constitution grant the president powers and duties including safeguarding the constitution, leading and managing the armed forces, declaring war and peace primarily in conflicts with other states with the approval of the National Assembly, and making decisions to defend territorial integrity and maintain independence. Ghani never adhered to these constitutional directives, as with many other legal provisions. The armed forces slid into dysfunction; the country’s territorial integrity was violated by Pakistan’s cross-border incursions and rocket attacks; and Afghanistan’s airspace was effectively under foreign control. Meanwhile, Afghan soldiers were in heated battles against enemies, awaiting a presidential decree and a formal declaration of war against the Taliban and their backers.
3) Likewise, Clauses 2 and 3 of Article Seventy-Five of the Constitution stipulate that preserving independence, defending territorial integrity, safeguarding Afghanistan’s interests and dignity in the international arena, ensuring public order and safety, and eliminating all forms of administrative corruption are among the government’s core duties. Under Article Seventy-One, the government is composed of ministers operating under the president’s leadership.
Mohammad Ashraf Ghani, during his two presidential terms, inflicted the gravest damage on Afghanistan’s political system—particularly its defense and security institutions—through mismanagement steeped in ethnic favoritism and deep distrust. From appointing ministers and senior officials with no knowledge of military or intelligence matters—individuals who had neither loyalty nor commitment to the country—to introducing ethnic quotas in the security forces, carrying out unjustified mass dismissals of generals, merging critical departments, and even engaging in theft of soldiers’ salaries and rations, his administration steadily eroded the morale and dignity of Afghanistan’s armed forces. Yet, despite this, all of us witnessed through social media videos and reports Afghan defense and security personnel on the frontlines crying out with extraordinary courage: We do not ask for pay or bread, just deliver us weapons and ammunition, and give the order to fight the mercenaries of foreign powers.
4) Under Article 63 of the Afghan Constitution, the president and vice presidents took their oaths of office using the precise text enshrined in the Constitution, placing their hands upon the Holy Qur’an, in the presence of the people, foreign diplomats, and with live media coverage. Every sentence and every word of that oath carried a binding legal and moral obligation.
Beyond its religious weight, this oath placed on Ghani and his deputies the full burden of each legal term and commitment they pronounced before God, the people, and the nation. They swore to uphold it and failed. For that failure, they must bear both legal and moral consequences, face the public, and stand trial for dereliction of duty.
5) Article 65 of the Constitution makes clear that in matters of grave national, political, social, or economic importance, the president should seek the opinion of the people through a referendum. Likewise, Article 111 stipulates that one of the conditions for convening a Loya Jirga (Grand Assembly) is to decide on issues related to independence, national sovereignty, territorial integrity, and the country’s supreme interests.
For a nation exhausted by war, insecurity, poverty, unemployment, and displacement, could there have been a more pressing national priority than securing peace and stability? Yet, intoxicated by power and driven by stubborn personal traits, Ghani never sought the people’s opinion on opening peace talks with the Taliban, integrating them into government, or addressing their demands. Nor did he convene a Loya Jirga, which he often used as a tool to advance narrow ethnic and political interests. He did not even consult Afghanistan’s National Assembly, nominally the people’s representative body. Ultimately, the Taliban bypassed the Afghan government altogether, pursuing direct talks with the United States, a move that itself warrants further scrutiny.
6) One of the measures nations at war, whether facing armed opposition, internal uprisings, or aggression from neighboring states, often take is to declare a state of emergency. The Afghan Constitution also provides for this in Article 143.
For decades, the shadow of war has hung over Afghanistan. In recent years, following the release of Taliban prisoners, the insurgents regained strength and cohesion, capturing many districts across various provinces. Still, the sudden collapse or, more accurately, the handover of multiple provinces within mere days defied belief. In such circumstances, the president, had he no ulterior motives, was obliged to declare a state of emergency and issue a full war order. And if he could not manage the crisis, he should have resigned, allowing for a more effective wartime leadership or a negotiated transition of power. But to Ashraf Ghani, resignation was a humiliation; he preferred instead to hand over absolute, unconditional control to his fellow tribesmen rather than see the presidency pass to one of his deputies who did not share his ethnic background.
7) Ghani’s flight from Kabul with his inner circle, turning his back on the nation, has engraved upon him an enduring mark of historical disgrace. Any attempt to justify or whitewash this act only deepens the shame. His departure constituted an “absence” under the Constitution, triggering Articles 60 and 67, which obligated the first vice president to assume control of the government and act in the people’s interest while preserving national sovereignty. Yet, it seems that Amrullah Saleh, the first vice president, only belatedly discovered his constitutional right of succession. Days after Ghani’s escape, he emerged from hiding in the mountains to declare himself the acting president, a gesture that amounted to little more than pounding water into dust.
8) Articles 140 and 141 of the Constitution stipulate that, to ensure active public participation in local administrations, district councils should be formed through elections, and likewise, mayors and members of municipal councils in cities should also be chosen through elections.
However, this provision was never implemented, neither during the two presidential terms of Hamid Karzai nor in the two terms of Ashraf Ghani. No steps were taken toward its realization. This is even though, according to the same Constitution, one of the components of a national Loya Jirga (grand assembly) is the participation of the heads of provincial and district councils.
9) A popular joke circulated among the people that only two articles of the Constitution remained unbroken: that Kabul is the capital of Afghanistan and that Islam is the religion of the people. Throughout the entire text of the Constitution, it is explicitly stated that the president is responsible for implementing, safeguarding, and protecting it in the interest of the people and the state. Yet the Constitution was often sidelined—except when it served personal or tribal interests, legitimized the concentration of power and authority, or provided cover for the president’s autocratic decisions.
10) From the very first presidential election, intended as a democratic exercise and a step toward popular governance, Afghanistan’s elections were plagued by fraud and manipulation of the people’s votes and will. This continued through the second term of Ashraf Ghani’s presidency. Both presidents (Karzai and Ghani) should have been tried during their terms for betraying the will of the nation and corrupting a nationwide democratic process in which people had placed their hopes. After the handover of the country to the Taliban, prosecuting Ashraf Ghani became not only necessary for turning his back on the people and betraying their trust and votes, but also for dragging the country a century backward.
11) The Afghan people have endured a long and difficult path in pursuit of fundamental rights and a dignified life, with many martyrs and injured serving as standard-bearers along the way. Women, men, and youth stood together to secure human rights, political participation, social and economic engagement, and civil freedoms, aiming to build their ideal society. Although some donor-funded programs and projects inflicted serious damage on this movement, the flight of Ashraf Ghani, the collapse of the republic, and its handover to a dogmatic, extremist, and terrorist group destroyed everything, stripping Afghan men and women alike of all their freedoms.
12) After the Taliban’s dark shadow fell over Afghanistan and its people’s fate, the most heartbreaking development—contrary to Islamic teachings—has been the exclusion of motivated girls from education and the confinement of women, not only behind black burqas but within the dark walls of their homes. These girls and women, who deserve none of this oppression and deprivation, had fought bravely for political and civic participation and to express their identity and knowledge. Today, only the banner of women’s rights remains aloft, and their cries are the ones striking fear into the hearts of the Taliban.
13) Freedom of expression and independent media activity were among the most important achievements the republic boasted about to its people and the world. This achievement was the result of the efforts and struggles of civil society and media activists, and the blood of dozens of journalists. In the republic’s final years, the government gradually began suppressing free expression and limiting independent media. With the republic’s fall and the Taliban’s rise, this cornerstone of human and civil rights for Afghans has been entirely disregarded. Domestic media now face severe restrictions and censorship. More than 200 outlets have shut down, and thousands of journalists, presenters, and reporters have lost their jobs.
Although there were valid criticisms of political parties and civil institutions, under Taliban rule, the activities of political parties, civil organizations, women’s advocacy groups, and media institutions that worked to secure citizens’ civil and political rights, promote participation in governance, and protect freedom of expression have come to a complete halt. Any political party activity is now considered rebellion against the Taliban’s emirate.
14) The Constitution assigns the protection of national sovereignty and territorial integrity to the state and the president. National sovereignty, both internally and externally, was repeatedly violated. The president considered only Kabul and a few revenue-generating cities to be under the republic’s rule. Provinces whose revenues did not flow into the perpetually empty state coffers were given rationed budgets, and there was little concern for the fate of these areas, even when they were attacked or shelled by neighboring countries. The people and the Afghan state had no control over foreign policy. Even the selection of ministers and governors was subject to the approval of foreign backers and embassies in Kabul.
15) Girls’ education is not forbidden in any religion or faith; in fact, the Quran and the sayings of the Prophet place great emphasis on learning, teaching, and reflecting on creation. The Prophet declared that acquiring knowledge is obligatory, urging people to seek knowledge even if it meant traveling to China, and to learn from cradle to grave.
Since the Taliban’s takeover, Afghan girls and women have endured days and nights of hardship. Girls who thirst for learning and are full of motivation now sit in their homes, shedding tears over their shattered goals and dreams. Alongside them are courageous and capable women who had devoted their lives to education and professional expertise, and who, as vital members of Afghan society, worked in both public and private institutions to keep life running alongside their male family members, only to be forced into seclusion. In this writer’s view, the denial of education to girls, a direct consequence of Ashraf Ghani’s disgraceful flight, is, by itself, sufficient grounds for prosecuting him and his team.
16) The collapse of Afghanistan’s educational system is another devastating consequence of Ghani’s flight and the handover to the Taliban. The education sector had endured a long, challenging path to provide opportunities for learning and specialization to Afghan youth. While the curriculum was not free from political or tribal biases and showed little innovation in line with modern sciences, it still offered hope and encouragement to students, who believed the only path to success was through school, university, and books. This event crushed those hopes, shut the doors to modern sciences, and replaced knowledge and experience with the noisy rhetoric of religious schools.
17) Alongside the separation of powers, the judicial system holds a special place for both governments and nations. While the pillars of a state rest on the economy, education, and security, justice and the rule of law are equally indispensable; injustice inevitably undermines governance.
In Afghanistan, significant resources were invested in establishing the rule of law, ensuring justice, and drafting codified laws—a rare achievement in the region. Yet the judiciary and law enforcement bodies often sanctioned injustices, violated laws, and replaced justice with corruption, alienating the people from the state. Judicial institutions lacked independence, operating under the influence of the Presidential Palace and illicit financial interests, which thwarted reform efforts.
Part of the problem lay in the Constitution itself: although it provided for separation of powers, this was rarely respected, and certain powers and responsibilities were assigned in ways contrary to the logic of such separation. For example, while Article 157 of the Constitution created the Independent Commission for Overseeing the Implementation of the Constitution, the authority to interpret constitutional provisions was given to the Supreme Court.
Despite all shortcomings, under the republic, people could at least demand their fundamental and civil rights, question officials, and voice criticism. Under Taliban rule, all laws—many of which were rooted in religion and Sharia—have been nullified. Today, judgments are based on the personal preferences of Taliban clerics, and there is no sign of justice or legal process.
18) Even though Afghanistan’s economic and banking system plagued by mafia networks and corruption, particularly in the Presidential Palace was always at risk of collapse and the people’s assets were being looted, it still maintained a relative position in the global banking and trade system, especially with banks in other countries, and the national currency retained better value than in some neighboring and distant countries.
With the fall of the republic and the Taliban’s rise, international banks and foreign countries, fearing that financial dealings with Afghan banks would strengthen international terrorist groups, cut off banking ties. This froze the capital of citizens, especially investors engaged in foreign trade. In addition, Afghanistan’s monetary reserves were blocked by the United States, creating dire economic consequences for its people.
You can read the Persian version of this analysis here:
